Judge dismisses suit to stop operations at Huntsville clinic that performs abortions

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HUNTSVILLE, Ala. – Friday, a judge dismissed a lawsuit by pro-life advocates to shut down Huntsville’s only women’s clinic that provides abortions.

The Alabama Women’s Center for Reproductive Alternatives re-opened last month at a location at 4831 Sparkman Drive, after receiving the appropriate approval from the City of Huntsville Zoning Board and the Department of Public Health.

Pro-life advocates filed a lawsuit and a temporary restraining order against the City of Huntsville Zoning Board, saying that the clinic should have never been approved by the zoning board and operations would cause “irreparable harm” to the nearby community.

They also argued that a medical zoning variance issued in 1998 to a business at 4831 Sparkman Drive should not have transferred to the  Alabama Women’s Center for Reproductive Alternatives.

Friday, Judge Alan Mann cited a lack of standing when he dismissed the case. He also denied a temporary restraining order against against the clinic.

Court documents show the suit was dismissed with prejudice, so it cannot be filed again.

In his ruling, Mann said:

“This Court does not render the decisions contained herein lightly and does so only after having thoroughly considered and carefully reviewed all of the submissions in support of, and in opposition to, defendants’ motion to dismiss and supplement to motion to dismiss. The Court has taken into account all of the arguments of counsel, the testimony and evidence presented at the hearing, as well as all of the relevant and applicable law. The Court does not in this case, nor should it in any case, interpose personal feelings or politics in the rendering of a just and legal decision.”

For our past coverage on this case, click here.

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